Trump Hits the Wall of Courts' Prior Restraint Precedents

President Trump’s campaign and family have both tried in recent weeks—and earlier in his presidency—to stop publication of books and other things that may be uncomfortable or embarrassing to him. And each time such efforts have failed, with the courts rejecting these attempts based on almost 90 years of legal precedent that allows such prior restraints only under the direst circumstances.

https://scpress.org/trump-hits-the-wall-of-courts-prior-restraint-precedents/

The government doesn’t dictate media here

My January column for the South Carolina Press Association:

Washington woes, a Charleston charade and some hope

My January column for the South Carolina Press Association...
 
When I was a legal fellow at the Reporters Committee for Freedom of the Press we had an “outrage meter” drawn on one of the whiteboards in the reception area. The “needle” on the meter would be redrawn frequently, either towards the left or right, depending on the latest developments in media law and the perceived threats to freedom of speech and the press.

During most of my tenure, the outrage needle mainly fluctuated in the middle range. But if the Reporters Committee still has such a meter, recent developments on the national level and here in South Carolina would be pushing the needle into the red danger zone, and perhaps beyond. But there are also reminders of the importance of the First Amendment, and the role of robust media in the democratic process.

Charlottesville, the First Amendment and the Press

Most reactions to the march by white supremacists in Charlottesville, Va., last month condemned the marchers, their message and their use of swastikas, chants and Nazi imagery. But there were also questions of why they were allowed to hold their march and spread their vile message of hate.

NY Judge Allows Service By Online Post, But Then Goes Off the Grid

A New York state trial judge has allowed service of process via a posting to a web site where anonymous posters placed allegedly defamatory statements. This ruling comports with other New York courts' decisions allowing service of a class notice via e-mail and via a posting on Facebook.

Remember, the First Amendment Only Applies to Government Restrictions

Cross posted on Counts Law Group blog
Since this blog focuses on American law, I have not written much about the restrictions placed on the internet in other countries, such as China. (Although I did write a guest blog post for the National Coalition Against Censorship on Google's reaction to Chinese internet restrictions.) But others have documented how China places limits on what internet users in the country can access (including here and here).

Web Restrictions Not The Answer to Juror Online Research

(cross posted at the Digital Media Law Project)
Juror use of the Internet to do research or communicate about trials is a growing and persistent problem. So, what can a judge do? For several years now courts have been giving jurors more detailed admonitions and jury instructions against educating themselves about cases online, to little effect.

A few judges have taken a different approach, ordering web sites with information on specific cases to remove the information from the Internet. But in a pair of recent decisions, appeals courts have said this method of limiting juror online research is an unconstitutional prior restraint.

Cash Cutoff for Mugshot Sites A Dangerous Idea

(cross posted at the Digital Media Law Project)
If you're arrested, your arrest is public information: your name, your address, what you're accused of. Many news organizations publish this information on a daily basis for their communities, as part of their news coverage.

Social Media in Court Down Under

A panel of academics (including my friend Mark Pearson of Griffith University) has issued a report commissioned by the Attorney General of the Australian state of Victoria on the issues involving jurors' use of social media, including recommendations for dealing with the issue.

Embarassment Not Enough for Injunction Against Media

(cross posted at the Counts Law Group blog)
A federal court in Florida has rejected an attempt by wrestler Hulk Hogan -- whose given name is Terry Gene Bollea -- to force the Gawker.com website to remove excerpts of a sex video from its site.